Fillable Form 7a - Subpoena In Vaccine Cases (Page 2 of 3) in pdf

PROOF OF SERVICE

DATE

PLACE

SERVED

SERVED ON (PRINT NAME)

MANNER OF SERVICE

9 Fees tendered for one day’s attendance and mileage allowed by law. (Fees and mileage need not be tendered when the subpoena is issued on behalf

of the United States or an officer or agency thereof.)

DECLARATION OF SERVICE

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service

is true and correct.

Executed on

DATE

SIGNATURE OF SERVER

_____________________________________

ADDRESS OF SERVER

RCFC 45.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the subpoena. The court must enforce this duty and impose an appropriate

sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A)

Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear

for a deposition, hearing, or trial.

(B)

Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney

designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting

the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before

the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

(i)

At any time, on notice to the commanded person, the serving party may move the court for an order compelling production or

inspection.

(ii)

These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s

officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A)

When Required. On timely motion, the court must quash or modify a subpoena that:

(i)

fails to allow a reasonable time to comply;

(ii)

requires a person who is neither a party nor a party’s officer to travel more than 100 miles from where that person resides, is

employed, or regularly transacts business in person—except that, subject to RCFC 45(c)(3)(B)(iii), the person may be commanded

to attend a trial by traveling from any such place;

(iii) requires disclosure of privileged or other protected matter, if no exception of waiver applies; or

(iv) subjects a person to undue burden.

(B)

When Permitted. To protect a person subject to or affected by a subpoena, the court may, on motion, quash or modify the subpoena if

it requires:

(i)

disclosing a trade secret or other confidential research, development, or commercial information;

(ii)

disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from

the expert’s study that was not requested by a party; or

(iii) a person who is neither a party nor a party’s officer to incur substantial expense to travel more than 100 miles to attend trial.

(C)

Specifying Conditions as an Alternative. In the circumstances described in RCFC 45(c)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i)

shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii)

ensures that the subpoenaed person will be reasonably compensated.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored

information:

(A)

Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of

business or must organize and label them to correspond to the categories in the demand.

(B)

Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing

electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a

Form 7a - Subpoena In Vaccine Cases Page 2

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